Dennison v. Talmage
Ohio Supreme Court
Motion for leave to file a petition in error to the District Court of Eranklin county. William Neil died testate, May 15,1870, and the plaintiffs in error were duly appointed by the Probate Court of Eranklin county, and qualified as his executors, but in accordance with a provision in the will they gave no official bonds as such executors.
Read the full summary
Motion for leave to file a petition in error to the District Court of Eranklin county. William Neil died testate, May 15,1870, and the plaintiffs in error were duly appointed by the Probate Court of Eranklin county, and qualified as his executors, but in accordance with a provision in the will they gave no official bonds as such executors. The testator was seized of certain lands situate in the State of Missouri, which he sold' during his lifetime, and on the 30th of April, 1872, Talmage brought an action against the executors and John S. Neil, alleging that he was a judgment creditor of John…
1Opinion of the CourtWelch, C. J.
The right of appeal rests solely upon statutory provisions, and unless those provisions are complied with, the right can not be made available. The statute allowing appeals to the district court (2 S. & C. 1162, sec. 2) requires the appellant, in order to perfect his appeal, to give an undertaking within thirty'days from the rising of the court. This is the general provision, and the only exception to it, or at least the only exception applicable to cases like the present where the executors or administrators were original parties, is contained in the 6th section of the same statute. By this…
2Cited by5 opinions
- Kerr v. LowensteinNebraska Supreme Court · 1902
- Daily, Admr. v. DowtyOhio Court of Appeals · 1936
- Browne v. WallaceOhio Circuit Courts · 1901
- In re the Estate of Ziegler, Court of Common Pleas of Ohio, Hamilton County1896
- Trader v. SaleOhio Circuit Courts · 1885